Académique Documents
Professionnel Documents
Culture Documents
LAW
on the Serbian Business Registers Agency
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7) Register of Regional Development Measures and
Incentives;
8) Register of Chambers;
9) Tourism Register;
10) Register of Financial Statements and Solvency of Legal
Entities and Entrepreneurs;
11) Register of Bankruptcy Estate;
12) Register of Endowments and Foundations;
13) Register of Representative Offices of Foreign
Endowments and Foundations
14) Register of Sports Associations, Societies and
Federations;
15) Register of Injunctions
16) other registers determined by the Law.
Chambers of medical workers established pursuant to the Law on
Chambers of Medical Workers (RS Official Gazette No 107/05 and 99/10) and
the Chamber of Social Security established pursuant to the Law on Social
Security (RS Official Gazette No 24/11) shall register with the Register of
Associations under para. 1, item 5) herein, in the manner and according to the
procedures prescribed by the law governing registration with the Serbian
Business Registers Agency.
The Agency shall keep records and other electronic databases stipulated
by the laws and regulations, and perform other activities pursuant to the law.
In order to perform the tasks set forth in para. 1, 2 and 3 of this Article,
and to provide services related to the processing and issuance of data from the
registers and records, the Agency shall:
1) retrieve data from the competent state authorities and
institutions;
2) analyze data for the purpose of drafting reports for
state authorities, and other interested users, pursuant to the law and
other regulations;
3) ensure, in accordance with the law and other
regulations, the electronic connectivity between registers and records
kept by the Agency and other registers, records and databases kept in
the Republic of Serbia and outside the Republic of Serbia, and
connectivity with other service users, through the telecommunications
network or through computer media;
4) perform expert, developmental, statistical and other
tasks pursuant to the law and other regulations;
5) independently oversee the establishment,
development and security of the Agencys electronic databases and
the application of measures designed to upgrade the electronic
services in accordance with the appropriate national and
internationally recognized standards;
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6) independently oversee the Agencys documentation
and archives applying processing, management, storage, technical-
technological and security measures;
7) perform other tasks stipulated by the law and other
regulations.
The Agency shall provide other related services, as decided by the Board
of Directors of the Agency.
The Agency shall perform the activities from paras.1 to 5 of this Article
as devolved tasks.
Databases
Article 4a
With respect to the data and records kept in these databases, the
Agency shall have all the entitlements of producer of the databases, pursuant to
the law and international standards.
Fees
Article 5a
The Agency shall charge fees for services delivered to clients, pursuant
to the law.
The type, amount and terms of payment of the fees for registration and
other services rendered by the Agency pursuant to the law shall be determined
by the Agencys Board of Directors, subject to Government approval.
The Agency shall provide state bodies and organizations, bodies of
autonomous provinces and local government units with data and documents free
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of charge in cases when they require such data to perform tasks in their sphere
of competence, upon their written reasoned request.
The type, volume and manner of delivery of the data and documents as
well as other issues related to the use of data under para. 3 of this Article shall
be determined by an act of the Board of Directors of the Agency to be approved
by the Government.
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The Chairman and members of the Board of Directors shall be elected
for a term of four years.
The Board of Directors shall perform the following tasks:
1) adopt the statute and other general instruments;
2) adopt its rules of operation;
3) determine the amounts of fees for the services
rendered by the Agency;
4) adopt the annual plan of operation;
5) appoint the auditor;
6) adopt the annual financial plan;
7) adopt the annual report on operations;
8) adopt the financial statement and auditor reports;
9) propose measures for the removal of obstacles for the
efficient functioning of the registers;
10) perform other activities determined by the law and the
statute.
The Government of the Republic of Serbia shall approve the Statute, the
annual work program, development program, the annual financial plan and
annual financial statement.
Article 9
(Deleted)
The Director
Article 10
The Director of the Agency shall be appointed and discharged by the
Government at the proposal of the Board of Directors.
The Director shall be appointed for a term of office of five years and may
be reappointed.
The Director shall perform the following tasks:
1) represent and act on behalf of the Agency;
2) organize and manage the work and business of the
Agency;
3) be accountable for the legality of the Agencys work;
4) enforce the decisions of the Board of Directors and
undertake measures for their enforcement;
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5) be responsible for the use of human and material
resources of the Agency and the Agencys assets;
6) propose the annual plan of operation of the Agency;
7) propose the annual financial plan of the Agency;
8) submit the annual report on the operations of the
Agency;
9) submit the annual financial statement of the Agency;
10) enforce rules on internal job organization and
classification within the Agency, as well as other general instruments
that are not adopted by the Board of Directors;
11) enforce individual instruments of the Agency unless
otherwise prescribed by the law;
12) decide on the rights and responsibilities of the
Agencys employees;
12a) adopt general methodological-expert guidelines for
processing data originating from two or more registers, records, i.e.
databases, at the proposal of the registrar and other authorized
persons;
12b) elect advisory bodies for strategy, development and
methodology related issues, from the ranks of renowned national and
international experts;
13) perform other activities stipulated by the law and
bylaws.
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A registrar appointed in accordance with para. 2 of this Article may be
appointed by the Board of Directors to keep other registers, records or electronic
databases kept by the Agency, at the reasoned proposal of the Agencys
Director, in order to achieve cost-effective and efficient operation and business
of the Agency.
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Auditing
Article 12
The Agency shall carry out internal audits.
Internal audits shall provide the Board of Directors and Director with an
independent and objective opinion on matters subject to auditing; monitor risk
identification and risk management; contribute to the achievement of objectives
set by the Agency; advise on improving the Agencys business and existing
practices in the management and organization of business processes; determine
whether accounts and other documents are maintained regularly and in
accordance with the relevant regulations; and perform other activities pertaining
to internal auditing, pursuant to the regulations and standards governing
internal auditing.
Article 12
The Agency shall engage an external auditor to audit its annual financial
statements, pursuant to the law.
The external auditors report and opinion shall be submitted to the
Agencys Board of Directors for adoption.
Article 14
The Board of Directors shall adopt the bylaws within 15 days from its
appointment.
Article 15
The Agency shall commence the activities necessary for the keeping of
the Register of Pledges over Movable Property and Rights and Register of
Financial Leasing no later than July 1, 2005.
Article 16
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This Law shall become effective on the eighth day from the date of
publication in the Official Gazette of the Republic of Serbia.
Article 12[1]
Article 77 of the Law on Registration of Business Entities (RS Official
Gazette No 55/04 and 61/05) and bylaws adopted on the basis of this article
shall become null and void upon expiry of the ninetieth day from the date of
entry into force of this law.
Article 13[1]
This law shall enter into force on the eighth day from the date of
publication in the Official Gazette of the Republic of Serbia.
Article 9[2]
The registrars appointed until the date of entry into force of this Law
shall continue to work until the expiry of their term of office.
Article 10[2]
The instruments of the Agencys Board of Directors set forth under
Article 5a, para. 2 and 4 of this Law shall be adopted within 90 days from the
date of entry into force of this Law.
Article 11[2]
On the date of entry into force of this Law, Article 2b, para. 4 of the Law
on Chambers of Commerce (RS Official Gazette No 65/01 and 36/09), Art. 44,
44a and 47 of the Law on Financial Leasing (RS Official Gazette No 55/03, 61/05
and 31/11), Art. 57, 57 and 60 of the Law on Pledge of Movable Assets
Registered in the Pledge Register (RS Official Gazette No 57/03, 61/05 and
64/06 - revised), Art. 32, para. 2 and Article 36 of the Law on Accounting and
Auditing (RS Official Gazette No 46/06 and 111/09), Article 117, para. 4 and 5 of
the Law on Tourism (RS Official Gazette No 36/09 and 88/10), Article 27, para.
2, Article 35 and Article 61, para. 2 of the Law on Associations (RS Official
Gazette No 51/09), Article 136, para. 5 and 9 of the Law on Bankruptcy (RS
Official Gazette No 104/09), Art. 63, para. 4 of the Law on Sports (RS Official
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Gazette No 24/11), Art. 300 and 311 of the Law on Enforcement and Security
(RS Official Gazette No 31/11) shall become null and void.
Article 12[2]
This Law shall enter into force on the eighth day from the date of
publication in the Official Gazette of the Republic of Serbia.
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